KARNATAKA ACT NO.44 OF 2015 THE KARNATAKA PANCHAYAT RAJ (SECOND AMENDMENT) ACT, 2015

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1 KARNATAKA ACT NO.44 OF 2015 THE KARNATAKA PANCHAYAT RAJ (SECOND AMENDMENT) ACT, 2015 Arrangement of Sections Sections: 1. Short title and commencement 2. Amendment of title, long title and preamble 3. Amendment of short title of the principal Act 4. Amendment of section 2 5. Insertion of Chapter IA 6. Amendment of section 3 7. Amendment of section 3A 8. Amendment of section Amendment of sections 15 to Amendment of section Amendment of section Insertion of new section 24A 13. Substitution of section 43A 14. Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Insertion of new sections 58B, 58C, 58D, 58E and 58F 25. Insertion of section 60A and 60B 26. Amendment of section Amendment of section Amendment of section Amendment of section Amendment of title of chapter IVA 31. Amendment of title of chapter V 32. Amendment of section Amendment of section Amendment of section Amendment of section Substitution of section 136A 37. Amendment of section Amendment of section Amendment of section Insertion of new sections 145A to 145D 41. Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Amendment of section Substitution of Section 175A 48. Amendment of section Amendment of section 179

2 50. Amendment of section Amendment of section Amendment of Section Amendment of section Amendment of section Amendment of section Insertion of section 199A 57. Amendment of section Amendment of section Amendment of section Amendment of chapter XVI 61. Insertion of section 232A and 232B 62. Amendment of section Amendment of section 296A 64. Amendment of section 296B 65. Amendment of section 296C 66. Amendment of section 296D 67. Amendment of section 296E 68. Amendment of section 296F 69. Amendment of section Amendment of section Amendment of section 308A 72. Amendment of section Insertion of new sections 309A to 309H 74. Amendment of section 310A 75. Amendment of section 310A 76. Insertion of section 310B 77. Insertion of chapter XIX and heading 78. Amendment of section Substitution of the schedule I, II, III and IV 2

3 3 STATEMENT OF OBJECTS AND REASONS (As appended to at the time of Introduction) Amending Act 44 of Manifesting the commitment to the cause of translating the constitutional mandate of empowering the Panchayat to effectively function as Grama Swaraj, Budget Speech , Para, 277. It is our prime duty to make the Gram Swarajya dream of Mahatma Gandhi into a reality Hon ble Chief Minister promised the State to initiate steps in this direction. Accordingly, the Government of Karnataka constituted a committee of experts headed by Sri Ramesh Kumar, Member of Legislative Assembly and former Speaker, Karnataka Legislative Assembly, to study the existing system and to recommend the means and measures to be adopted to holistically strengthen the Panchayats. The Committee held a series of meetings involving experts and stake holders and submitted its Report. The Report was considered by a Cabinet Sub-Committee and proposed amendments to the Karnataka Panchayat Raj Act. The Amendments are proposed to strengthen the Panchayat system to make villages free from fear, exploitation, and litigation, wherein every individual can live with self respect and dignity. To enhance the standards of living of rural people through effective implementation of rural development programs. Empowering women to achieve gender equality, eradicating the evil practices of open defecation, exploitation, and discrimination, ushering in an egalitarian society by empowering socially weaker sections in particular and people in general. The salient features of the Bill are as follows: 1. The title of Act has been renamed Karnataka Grama Swaraj and Panchayat Raj Act to bring into the principle of local self Government in the panchayat institutions. 2. The concept of Habitation, Habitation sabha, has been incorporated to strengthen the system from the grassroots democracy. 3. Habitation sabha, Ward Sabha and Gram Sabha have been given more importance their needs, problems and to fix priority of economic, social, cultural and environmental development programmes and schemes to be implemented. Specific functions and powers have been assigned to Habitation Sabha, Ward Sabha and appraise the Gram Sabha about their priority. 4. The Preamble and Directive Principles of Panchayat Policy have been incorporated to make explicit the values of Grama Swaraj. 5. A provision has been made to include the duties and responsibilities of panchayat members. 6. Section 206, provides for devolution funds based on the recommendations of State Finance Commission and not less than 20 percent of such funds shall be untied grants. 7. Section 43B, 136A, 175A, Transparency is ensured at all levels of the administration, i.e., declaration of Assets & Liabilities of the elected members is made mandatory. 8. Provision has been made to fill up the seats reserved for person belonging to scheduled caste by a person belonging to scheduled tribe, if a person belonging to that category, is not available and vice-versa. 9. Section 60B is proposed to be inserted to provide for community contract to self help groups consisting of beneficiaries within the panchayat area who have contributed not less than ten percent of value of work executed by the Grama Panchayat. 10. Section 232A regarding Constitution of Commissionerate of Panchayat Raj and 232B regarding constitution of panchayat administrative service, have been incorporated. 11. Vision and Activity Mapping has been designed to ensure codification of duties and responsibilities of Panchayats. 12. In order to overcome the menace of un-touchability and social boycott to the suppressed and oppressed classes in the villages and to zero the incidents of sexual assault on females. 13. The Grievance Redressal Authority is being set up to bring in time bound and effective service delivery mechanism. 14. The village planning in Karnataka starts from bottom to top approach through effective implementation by the District Planning Boards & State Planning boards to suit the needs of the each village.

4 4 15. Section 199, to improve the revenue generation and resource mobilisation of Panchayats. 16. Opportunity has been taken to make consequential amendments and amendments which are necessary from administrative point of view. Hence the Bill, [L.A. Bill No. 37 of 2015, File No. Samvyashae 45 Shasana 2015] [entry 5 of List II of the Seventh Schedule to the Constitution of India.]

5 5 KARNATAKA ACT NO.44 OF 2015 (First published in the Karnataka Gazette Extra-ordinary on the thirty first day of December, 2015) THE KARNATAKA PANCHAYAT RAJ (SECOND AMENDMENT) ACT, 2015 (Received the assent of the Governor on the sixteenth day of December, 2015) An Act further to amend the Karnataka Panchayat Raj Act, Whereas it is expedient further to amend the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) for the purposes hereinafter appearing: Be it enacted by the Karnataka State Legislature in sixty-sixth year of Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Panchayat Raj (Second Amendment) Act, 2015 (2) It shall come into force on such date as the State Government may, by notification in the official Gazette appoint. 2. Amendment of title, long title and preamble.- In the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) (hereinafter referred to as the principal Act),- (i) in the title, for the words "Panchayat Raj" the words "Gram Swaraj and Panchayat Raj" shall be substituted; (ii) for the long title and the preamble, the following shall be substituted, namely:- "An Act to constitute units of Gram Swaraj and Panchayat Raj to provide for:- (i) establishment of three tier panchayat raj system with the elected bodies at grama, taluk and district levels to fulfill the spirit of 73 rd Amendment of the Constitution of India and for greater participation of the people to function as units of Grama Swaraj, the local self-government; (ii) effective implementation of rural development programmes for enhancement of living standards of rural people; (iii) a litigation-free, exploitation-free, and fear-free egalitarian rural Karnataka; (iv) clean villages which are free from practice of open defecation; (v) Panchayat Raj system empowering women to achieve gender equality; (vi) reservation for socially deprived classes of people to attain economic prosperity and social equality; (vii) alternative sources of income in the lives of rural people through economic activities and to enhance the standard of living by providing civic amenities; (viii) building a creative, proud, self-reliant, prosperous, contented and harmonious society; (ix) constitution of habitation sabha, Ward Sabha and gram sabha with commitment and to resonate the voice of the real sovereign through direct participation of rural India in policy making by using them as a platform for developmental activities and thereby resolving to establish true Gram Swaraj- the cherished dream of Mahatma Gandhiji; 3. Amendment of short title of the principal Act.- In the short title of the principal Act, for the words "Karnataka Panchayat Raj Act the words "Karnataka Gram Swaraj and Panchayat Raj Act" shall be substituted. 4. Amendment of section 2. In section 2 of the principal Act, (1) after clause(9), the following shall be inserted, namely,- (9A) Designated Court means the jurisdictional Court of Senior Civil Judge designated for the trial of election disputes related to Gram Panchayats and Taluk Panchayats and the court of the jurisdictional District judge for the trial of election disputes relating to Zilla Panchayats, in whose territorial jurisdiction respectively, the panchayat area or a major portion of the panchayat area is situated (2) in clause (11), after item (x), the following shall be inserted, namely,- (xi) erection of a hoarding or mobile tower on the roof of any building or on a platform within the compound or land adjacent thereto, in the panchayat area ; (3) for clause(16), the following shall be substituted, namely,-

6 6 (16) Gram Sabha means a body consisting of persons registered as voters in the electoral rolls relating to a village comprised within the area of Gram Panchayat at the village ; (4) after clause (16), the following shall be inserted, namely,- (16A) Habitation means a hamlet or other small settlement by whatever name called or a group of such hamlets or settlements with one hundred to three hundred and fifty population located outside the limits of a village and notified as such under section 3 ; "(16B) "Habitation Sabha" shall be a body consisting of persons registered in the voters list of habitation in the Gram Panchayat;" (5) for clause (28B), the following shall be substituted, namely,- (28B) Panchayat Staff means the officers and staff appointed by the panchayat excluding the posts in the Karnataka Panchayat Raj Administrative Service; (28C) Responsibility Map means the detailed enumeration of responsibilities of the Panchayat Raj Institutions under the Act; (28D) Returning Officer, Assistant Returning Officer, Presiding Officer and Polling Officer wherever used in this Act shall have the same meaning assigned to in the Representation of People s Act, 1951(central Act No.43 of 1951) for conduct of elections to panchayats by the State Election Commission;" (6) for clause (42A), the following shall be substituted, namely,- (42A) Vision Plan means a long term forward looking plan for achieving overall development in the panchayat area; (42B) Vulnerable sections of society means the children, adolescents, women, senior citizens, the sick and the infirm, the disabled and the differently-abled, the Scheduled castes and the scheduled tribes, the religious, linguistic and sexual minorities, the bonded labour if any, nomadic and tribal groups and migrant labour of the society; (42C) Ward means an area of local constituency demarcated as ward within a Gram Panchayat for the purpose of conduct of elections to the Gram Panchayat; (42D) "Ward Sabha" means in relation to ward area, a body consisting of all persons registered as voters in the electoral rolls of each ward of Gram Panchayat constituency; 5. Insertion of Chapter IA. After chapter I of the principal Act and entries relating thereto, the following shall be inserted, namely:- CHAPTER IA Directive Principles of panchayat policy 2A. Directive principles of panchayat policy. (1) The panchayat shall strive to promote,- (i) improved living standard of village community and quality of life by providing contamination free drinking water, health and sanitation facilities; (ii) the necessary rural infrastructure and involvement of rural communities and organizations in its improvement and development; (iii) democratic representation, social inclusion and meaningful community engagement in the Panchayat area, for planning asset management and sustainable development for enhancing the economic, social and environmental well-being of its residents; (iv) the use of resources at the command of panchayat in a sustainable manner so as to conserve them for future generation and to protect Forest and wild life in the Panchayat area; (v) activities to protect and preserve art, culture and heritage of the local community and promote tourism; (vi) the preservation, development and distribution of indigenous varieties of seeds like Navane, Sajje, Bili Jola, Saame, Saave, Korli etc, and Herbs and Shrubs of Medicinal Value; (vii) generation of employment opportunities by promoting Agro-industrial centers, rural cottage industries and a single window system for processing of documents to ease the business operations; (viii) a spirit of co-operation and an atmosphere of well being by encouraging cooperative institutions so that they are able to work in accordance with National and state policies at the grass root level; (ix) development and empowerment of human resource in rural area in terms of their skills, knowledge and other abilities;

7 7 (x) a safe and tolerant community that fosters peace social and communal harmony and abjures violence in all its forms. (2) It shall be an important directive policy of Gram Panchayat to prevent the pessimistic attitude that may be permeating in the social fabric of residents of the village. Gram Panchayat shall pay special attention to those sections of farmers and other people who, on account of their vulnerability to socio economic pressures created by financial indebtedness, poverty and other factors, are psychologically prone to contemplate taking extreme step of the destruction of their own lives. Gram Panchayat members shall educate the residents of the village of the futility of such mindset and instill confidence in the minds of all residents of the village. 6. Amendment of section 3. For section 3 of the principal Act, the following shall be substituted, namely:- 3. Units of Gram Swaraj. (1) The units of gram swaraj shall be habitation sabha, Ward Sabha and gram sabha. (2) There shall be as many habitation sabhas as there are habitations notified as such by the Deputy Commissioner of the district specifying the areas of habitation. (3) There shall be as many Ward Sabhas as there are wards within the limits of a Gram Panchayat; and (4) There shall be a Gram Sabha for each Gram Panchayat consisting of all persons whose names are registered as voters on the electoral rolls of concerned village within the Gram Panchayat. 7. Amendment of section 3A. For section 3A of the principal Act, the following shall be substituted, namely:- "3A. Functions and powers of the Habitation sabha. (1) The functions of habitation sabha within their respective jurisdiction, shall be to assist the Ward Sabha and gram sabha and also includes the following functions namely,- (i) uphold social justice congenial for all people generally, in particular to the people of the vulnerable sections of the society to exercise their rights; (ii) identify hazards and suggest measures for the safety, security and freedom of all the residents of the habitation and in general of the village. in an environment that is clean and healthy; (iii) assist the Gram Panchayat to conduct surveys or participation of the residents in rural appraisals to collect essential socio-economic data and assess the needs of residents and their requirements for the development of the habitation in order to enable the Gram Panchayat to compile and draw up the vision plan; (iv) fix the priority among the economic, social, cultural and environmental development programmes and schemes to be implemented in the area of the habitation, taking into account the interests of every group constituting the habitation and place them before the Gram Sabha for inclusion in the vision plan and the annual development plans of the Gram Panchayat; (v) priortise the location of installation of street lights, providing community water taps, public wells, public sanitation units, irrigation facilities and such other public amenity schemes and identify the deficiencies and suggest remedial measures and report the satisfactory completion of the works and manage a clean and healthy atmosphere in the habitation; (vi) identify the deficiencies in the water supply and street lighting arrangements in the area of habitation and suggest remedial measures; (vii) identify and select the most eligible beneficiaries from the area of habitation under poverty alleviation and other welfare programmes on the basis of criteria fixed and prepare list of the eligible beneficiaries in the order of priority; (viii) assist the gram sabha and the Gram Panchayat in planning, monitoring and implementing the plans, schemes and projects undertaken; (ix) initiate action to prevent discrimination on the basis of caste, religion and sex in the area of habitation; (x) assist the Gram Panchayat to eradicate untouchability, social boycotts of any kind and other types of social exclusions in promoting harmony and unity among various groups of people in the area of the habitation; (xi) organise cultural festivals, literary activities and sporting events to promote and nurture local games, athletics, the literature, arts and culture of the area and provide opportunities for the residents to express their talents; (xii) impart awareness on the matters of public interest such as cleanliness, preservation of the environment, prevention of public nuisance, pollution and ensure public peace, safety and security of all people;

8 8 (xiii) address issues of water conservation, preservation of natural habitat and recycling of biodegradable waste; (xiv) promote programmes of adult education, enhancing literacy and education levels and familycounseling, character building and de-addiction of liquor, narcotic drugs and smoking among the youth, adults and senior citizens; (xv) promote at village level, small and medium industries, businesses and commercial enterprises in consultation with associations of women, youth and senior citizens and provide training and capacity building opportunities for employment and send proposals to the Gram Sabha for necessary action; (xvi) monitor the functioning of public health centre s in the area of the habitation and assist in the implementation of health programmes, especially in the prevention of infectious diseases and promote family welfare measures and promptly report the incidence of epidemics and natural calamities to the Gram Panchayat, the elected members and concerned panchayat functionaries; (xvii) take care of public properties such as gomaala, pasture lands, tanks, tank beds, ground water sources, roads, bridges, mines etc., within the area of habitation and the Gram Panchayat with a view to their conservation or maintenance; (xviii) revive and develop folk arts, handicrafts, home and cottage industries; (xix) provide and mobilise voluntary labour and contributions in cash and kind for development work and supervise such development work through volunteer teams; (xx) assist functionaries of the Gram Panchayat in providing sanitation arrangements in the area of habitation and render voluntary service to create clean and hygienic environment free from open defecation and in the removal of garbage; and (xxi) persuade the residents of the habitation to pay taxes and to repay loans owed to the Gram Panchayat; (2) Every habitation sabha shall have the power to,- (i) get information from the functionaries of the Gram Panchayat as to the services they shall render, the programmes and projects they shall implement and the public works they propose to carry out in the succeeding period of six months after the meeting of the habitation sabha; (ii) get information from the Gram Panchayat on the follow up action taken on the decisions of the gram sabha in relation to that habitation; (iii) assist the Gram Panchayat to prevent any other activity prejudicial to public interest or health and safety to the residents of the habitation; 3B. Meetings of Habitation sabha. (1) A habitation sabha shall meet at such place as may be decided by the elected member of ward to transact its business at least once in six months which shall be at least one month ahead of the meeting of the gram sabha. (2) The habitation sabha shall be presided by the elected member of the ward representing the habitation and in his absence, shall be presided by any other voter of the Gram Panchayat elected from the said habitation sabha at the meeting. In case there are more than one member representing the ward a member elected among themselves in the grama panchayat shall convene and preside over the meeting; (3) Where an elected member of the ward in the habitation fails to convene and preside over a meeting of the habitation sabha, when due or is necessary, the concerned panchayat development officer or secretary, as the case may be, shall convene such meeting and any other voter of the Gram Panchayat as may be elected by the members present at the meeting of the habitation sabha shall preside over the meeting; (4) The quorum for the meeting of a habitation sabha shall be not less than one-fifth of the total voters or twenty members of the habitation sabha, whichever is less, of whom at least thirty percent of the voters shall be women and persons belonging to the scheduled castes and the scheduled tribes in proportion to their population; Provided that no quorum shall be required for an adjourned meeting; (5) Resolutions in respect of any subject in the meeting held shall be passed by a majority of the members present and voting: Provided that, the needs outlined by the affected group and habitation sabha at their meetings shall be taken up at the meeting of the habitation sabha and shall be recorded as its own and forwarded to the Gram Sabha for being placed before it; (6) The procedure for convening and conducting the meetings shall be such as may be prescribed; (7) Notwithstanding anything contained in sub-section (1) a special meeting of the habitation sabha shall be convened by the panchayat development officer or secretary, as the case may be, where at

9 9 least ten percent of the voters of the habitation make a request in writing, specifying the subject for the meeting; Provided that no two special meetings shall be held within a period of three months; (8) Notwithstanding anything contained in sub-sections (1) or (2), an emergency meeting of the habitation may be convened by the member of the ward elected from the area of the concerned habitation whenever a natural calamity has occurred or a matter of urgent public importance has arisen and the elected members of the said habitation and the Adhyaksha or the Upadhyaksha or any elected members of the concerned Gram Panchayat shall attend such emergency meeting. The Adhyaksha shall preside over such meeting and in his absence, Upadhyaksha shall preside over the meeting. (9) Nothing contained in sub-section (1), shall be construed as preventing affected group coming together as often as required to hold meetings among themselves and outline the developmental needs of their group along with suggestions for being placed before the gram sabha at its regular meetings. 3C. Ward Sabha. The functions of Ward Sabha within their respective jurisdiction, shall be to assist the gram sabha and also include the following functions namely,- (i) to generate proposals and determine the priority of schemes and development programmes to be implemented in the area of the Ward Sabha and forward the same to the gram sabha for inclusion in the concerned Gram Panchayat development plan; (ii) to identify the most eligible persons from the area of Ward Sabha for beneficiary oriented schemes on the basis of criteria fixed and prepare list of eligible beneficiaries in the order of priority and forward the same to the Gram Panchayat for inclusion in its development plan; (iii) to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies; (iv) to get information from the officers of the Gram Panchayat as to the services and the works proposed to be done in the succeeding period of six months after the meeting of the Ward Sabha; (v) to get information from the Gram Panchayat on the rationale of every decision of the Gram Panchayat relating to the area of the Ward Sabha; (vi) to get information from the Gram Panchayat on the follow up action taken on the decisions of the Ward Sabha; (vii) to provide and mobilize voluntary labour and contributions in cash or kind or both for development work and supervise such development works through volunteer teams; (viii) to ensure that the members of Ward Sabha pay taxes and repay loans to the Gram Panchayat; (ix) to priortise the location of installation of street lights, providing community water taps, public wells, public sanitation units, irrigation facilities and such other public amenity schemes within the area of the Ward Sabha; (x) to identify the deficiencies in the water supply and street lighting arrangements in the area of Ward Sabha and suggest remedial measures; (xi) to impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution; (xii) to assist the employees of the Gram Panchayat in sanitation arrangements in the area of Ward Sabha and render voluntary service to create clean and hygenic environment free from open defecation and in the removal of garbage; (xiii) to promote programme of adult education within the area of Ward Sabha; (xiv) to assist the activities of public health centers in the area of Ward Sabha especially in the prevention of disease and promotion of family welfare and immediately report the incidence of epidemics and natural calamities; (xv) to promote harmony and unity among various groups of people in the area of the Ward Sabha and to arrange cultural festivals and sports meets to encourage the talents of the people of the locality; (xvi) to get information from the functionaries of the Gram Panchayat as to the services they shall render, the programmes and projects they shall implement and the public works they propose to carry out in the succeeding period of six months after the meeting of the Ward Sabha; (xvii) to get information from the Gram Panchayat on the follow up action taken on the decisions of the gram sabha in relation to that ward; (xviii) to assist the Gram Panchayat to prevent any other activity prejudicial to public interest or health and safety to the residents of the Ward Sabha; and

10 10 (xix) to exercise such other functions as may be prescribed; 3D. Meetings of the Ward Sabha. (1) A Ward Sabha shall meet to transact its business once in six months which shall be at least one month ahead of the meeting of the gram sabha and the manner of conduct of the meeting shall be as hereinafter provided, namely: (i) every meeting held shall be presided over by the elected member of the ward representing the area of the concerned ward and in his/her absence, by any other voter of the Gram Panchayat elected from the said ward sabha as the case may be, at the meeting. In case of wards having more than one elected member, elected member among them determined by Gram Panchayat shall call such meeting. (ii) where an elected member of the ward fails to convene and preside over a meeting of the Ward Sabha as the case may be, when due or is necessary, he shall be liable to pay rupees one Hundred to the Gram Panchayat fund and give explanation for such failure. Then the concerned panchayat development officer or secretary, as the case may be, shall convene such meeting and any other voter of the Gram Panchayat may be selected by the members present at the meeting of the Ward Sabha may preside over the meeting; (iii) the quorum for the meeting of a Ward Sabha shall be not less than one-fifth of the total voters or twenty members of the Ward Sabha, whichever is less, of whom at least thirty percent of the voters shall be women and persons belonging to the scheduled castes and the scheduled tribes in proportion to their population: Provided that, no quorum shall be required for an adjourned meeting. (iv) all resolutions in respect of any subject in the meeting held under this section shall be passed by a majority of the members present and voting: Provided that, the needs outlined by habitation sabha and affected group at their meetings shall be taken up at the meeting of the Ward Sabha and recorded as its own for being sent to the Gram Sabha. (v) The procedure for convening and conducting the meeting of the Ward Sabha shall be such as may be prescribed; (2) Notwithstanding anything contained in sub-section (1) a special meeting of the Ward Sabha shall be convened where at least ten percent of the voters of the ward make a request in writing, specifying the subject for the meeting: Provided that no two special meetings shall be held within a period of three months; (3) Notwithstanding anything contained in sub-sections (1) or (2), an emergency meeting of the Ward Sabha may be convened by the elected member whenever a natural calamity has occurred or a matter of urgent public importance has arisen and the elected members of the said ward and the Adhyaksha or the Upadhyaksha or any elected members of the concerned Gram Panchayat shall be required to attend such emergency meeting. The Adhyaksha shall preside such meeting and his absence the Upadhyaksha shall preside. (4) Nothing contained in sub-section (1) shall be construed as preventing affected group coming together as often as they may, to hold meetings among themselves and outline the developmental needs of their group along with suggestions for addressing them, for being placed before the Gram Sabha at its regular meetings. 3E. Gram Sabha. (1) The Gram Sabha shall be the basic unit of local self-government at the village level to ensure the direct participation of all the citizens of the village in the planning, implementation, monitoring and evaluation of all economic, social, cultural and environmental development programmes and all central, state and district sector Government schemes implemented in the Gram Panchayat. (2) The functions of Gram Sabha within their respective jurisdiction, shall be to assist the Gram Panchayat and shall also include the following functions namely,- (a) to conduct surveys or participate in rural appraisals to collect essential socio-economic data and assess the needs of residents and their requirements for the development of the village in order to enable the Gram Panchayat to compile and draw up a vision plan; (b) priortise the location of installation of street lights, providing community water taps, public wells, public sanitation units, irrigation facilities and such other public amenity schemes and to identify the deficiencies and suggest the remedial measures and to report the satisfactory completion of the work, after considering the suggestions of the Habitation sabhas; (c) to ensure that all plans are beneficial to all sections of the population especially the vulnerable sections and migrant labour; (d) to approve subject to availability of funds, plans, programmes and projects for social and economic development after considering the needs and suggestions of the Habitation sabhas and

11 11 Ward Sabhas before such plans, programmes and projects are taken up for implementation by the Gram Panchayat; (e) to generate consolidated proposals by determining the priority of all schemes and development programmes to be implemented in the panchayat area as per the Priority Ranking method after considering the needs, recommendations and suggestions of the each of the Habitation sabhas and Ward Sabhas; and (f) to identify and select the most eligible persons from the Panchayat area under beneficiary oriented schemes on the basis of criteria fixed by the Gram Panchayat, Taluk Panchayat, Zilla Panchayat or Government and prepare a list of beneficiaries in the order of priority as per the Priority Ranking method after considering the needs, recommendations and suggestions of the Habitation sabhas and Ward Sabhas and send the same to the Gram Panchayat for inclusion in its development plan in the order of priority sent by the Habitation sabhas and Ward Sabhas. Such list shall be binding on the concerned Gram Panchayat, Taluk Panchayat, Zilla Panchayat or Government as the case may be. (3) The Gram Sabha shall support all activities of the Gram Panchayat in implementing the plans and schemes by, (a) providing voluntary labour and contributions in cash or kind or both for development works and to supervise such development works through volunteer teams; (b) assisting the functionaries of the Gram Panchayat in providing sanitation arrangements in the panchayat area and mobilizing voluntary service to create clean and hygienic environment free from open defecation and in the removal of garbage in the area of the village; (c) promoting programmes of adult education, increasing literacy, family counseling, character building and de-addiction of liquor, narcotic drugs among the youth, adults and senior citizens and education levels within the area of village; (d) ensuring that no traditional, social and religious practices that denigrate the rights, dignity and freedom of any individual, especially women and children from the scheduled castes and the scheduled tribes and all weaker sections, are performed in the village; (e) assisting in the activities of school betterment committees, Anganwadis, Mahila Samaja, Youth associations, self-help groups and organisations working for the development of the scheduled castes and the scheduled tribes, other backward classes, senior citizens, the differently abled, women, children and youth in the panchayat area; (f) co-ordinating the activities of public health centre s in the panchayat area, especially in prevention of disease and promotion of family welfare, population control and prevention of cattle diseases and report the incidence of epidemics and natural calamities immediately to the concerned functionaries; (g) persuading members of the Gram Sabha to pay taxes and other dues and repay loans; (4) The Gram Sabha shall, (a) ensure social justice for all, especially for people of the vulnerable sections of the society to exercise their rights in a free and fair manner and suggest measures to the Gram Panchayat and their elected members or officials of the departments, or both, so that appropriate action is taken to protect them from abuse and exploitation; (b) organize cultural festivals, literary activities and sporting events that promote and nurture local games, athletics, the literature, arts and culture of the area and provide opportunities for the residents to express their talents; and (c) impart awareness among the citizens in matters of public interest such as cleanliness, preservation of the environment and ecology, prevention of public nuisance, pollution and ensure public peace, safety and security of all people within the area of the village; (d) spread awareness on issues of water conservation, preservation of natural surroundings and recycling of bio-degradable waste; (e) promote at village level small and medium industries, businesses and commercial enterprises in discussion with associations of women, youth and senior citizens and provide training and capacity building opportunities for employment and present proposals before the Gram Panchayat; (f) conserve and maintain public properties such as gomaala, pasture lands, tanks, tank beds, ground water, roads, bridges, mines etc., within the area of the Gram Panchayat; (g) promote the revival and growth of folk arts, handicrafts, home industries and cottage industries in the village area; (h) ensure the safety, security and freedom of the residents of the village; (i) be able to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution; (j) initiate action to prevent discrimination among people on the basis of caste, creed, religion and gender ; and

12 12 (k) report concerned authorities activities of illegal money lending in the panchayat area and inform the Gram Panchayat for taking necessary action; (5) The Gram Sabha may, (a) discuss and prepare the budgetary provisions, the details of plan outlay and the subject wise allocation of funds and also the details of the estimate and cost of materials of the works executed or proposed to be executed in the village area in a special meeting of all the Gram Sabhas in the month of October each year; (b) discuss and prepare the annual statement of accounts of the preceding financial year, the last audit report and replies thereto and the panchayat jama-bandi report, action taken, in a special meeting of all the Gram Sabhas in the month of April each year; (6) Gram Sabha may get information from,- (a) the Gram Panchayat on the rationale of every decision of the Gram Panchayat concerning the panchayat area; (b) the Gram Panchayat on the follow up action taken on the decisions of the Gram Sabha; and (c) the officers of the Gram Panchayat as to the services they will render and the works proposed to be done during the next six months after the meeting of the Gram Sabha; (7) The decisions, views, recommendations or suggestions taken at the meetings of the Gram Sabhas shall be communicated to the Gram Panchayat for implementation subject to availability of funds and guidelines issued by the Government. The priorities set by the Gram Sabha normally shall not be changed. 3F. Duties of Gram Sabha. The Gram Sabha shall discharge the following duties, namely: (a) ensure that all plans are beneficial to all sections of the population especially the vulnerable sections and migrant labour; (b) generate consolidated proposals by determining the priority of all schemes and development programmes to be implemented in the panchayat area as per the Priority Ranking method after considering the needs, recommendations and suggestions of the each of the Habitation sabhas and Ward Sabhas; (c) identify and select the most eligible persons from the Panchayat area under beneficiary oriented schemes on the basis of criteria fixed by the Gram Panchayat, Taluk Panchayat, Zilla Panchayat or Government and prepare a list of beneficiaries in the order of priority as per the Priority Ranking method after considering the needs, recommendations and suggestions of the Habitation sabhas and Ward Sabhas and send the same to the Gram Panchayat for inclusion in its development plan; (d) recommend subject to availability of funds, plans, programmes and projects for social and economic development after considering the needs and suggestions of the Habitation sabhas and Ward Sabhas before such plans, programmes and projects are taken up for implementation by the Gram Panchayat; (e)assist the functionaries of the Gram Panchayat in providing sanitation arrangements in the panchayat area and mobilising voluntary service to create clean and hygienic environment free from open defecation and in the removal of garbage in the area of the village; (f) persuading members of the Gram Sabha to pay taxes and other dues and repay loans; (g) spread awareness on issues of water conservation, preservation of natural surroundings and recycling of bio-degradable waste; (h) conserve and maintain public properties such as gomaala, pasture lands, tanks, tank beds, ground water, roads, bridges, mines etc., within the area of the Gram Panchayat; (i) ensure the safety, security and freedom of the residents of the village; and (j) report to the concerned authorities activities of illegal money lending in the panchayat area for taking necessary action. 3G. Meetings of Gram Sabha. (1) The Adhyaksha of the Gram Panchayat shall convene the first meeting of all the Gram Sabhas as far as may be within sixty days. Thereafter the next meetings shall be convened on such date as decided by the Gram Sabha, however that not more than six months shall intervene between two meetings. Every meeting of the Gram Sabha shall be presided over by the Adhyaksha of the concerned Gram Panchayat and in his/her absence by the Upadhyaksha and in the absence of both Adhyaksha and Upadhyaksha, by any other member elected by the members present at the meeting. If the Adhyaksha of the Gram Panchayat fails to convene the meeting when due or was necessary, the executive officer shall convene such meeting. Such Adhyaksha shall be liable to pay Rs to the grama panchayat fund and give an explanation for such failure to call the meeting in the next meeting of the Gram Sabha.

13 13 (2) Notice of the meetings shall be published in public places and telecast through other medias such as local channels of the Television, radio and newspapers. The pamphlets about such notice shall be printed and distributed in the Gram Panchayat area. (3) The quorum for an ordinary meeting of the Gram Sabha shall not be less than one-tenth of the total number of voters in the Gram Sabha or one hundred members, whichever is less. Provided that if at the time appointed for the meeting if there is no quorum, the presiding authority shall wait for thirty minutes and thereafter there is no quorum, the presiding authority shall adjourn the meeting to the following day or some other day which is not a public holiday. On such adjourned meeting no quorum shall be required. (4) At least ten members from each Ward Sabha within the panchayat area shall attend the meeting, of whom not less than thirty percent of the members attending the Gram Sabha, shall be women and persons belonging to the scheduled castes and the scheduled tribes in proportion to their population in the Ward Sabha. (5) The elected members of that area shall be present at every Gram Sabha meeting. (6) The officers in the Gram Panchayat area shall attend the meetings of the Gram Sabha as may be required by the Adhyaksha and such officer of the panchayat as is specifically nominated as convener of the meeting shall assist in convening and conducting its meetings, recording proceedings in the minutes book and video-graph and all the decisions shall be recorded and shall be authenticated by the Adhyaksha. Provided that, the needs outlined by the habitation sabha and ward sabha at their meetings shall be taken up at the meeting of the Grama sabha and shall be recorded as its own and forwarded to the Gram Sabha for being placed before it; (7) All resolutions in respect of any subject in the meetings of the Gram Sabha shall be passed by majority of the members present and voting and the Gram Panchayat shall consider such resolutions of the Gram Sabha as if its own and implement them in order of the priority indicated by the Gram Sabha. (8) All meetings of the Gram Sabha shall be held in a free and fair manner, with the active participation of all citizens, especially those belonging to the vulnerable sections of the society. (9) The procedure for convening and conducting the meeting of Gram Sabha shall be such as may be prescribed. 3H. Special meeting of the Gram Sabha. (1) Nothing contained in section 3G shall be construed as preventing groups of women, the scheduled castes and the scheduled tribes, and the farmers and the artisan population, the youth and the senior citizens, within the Gram Sabha come together as often as may be to hold meetings among themselves and outline their needs of the group for development along with suggestions of redressal, for being placed before the Gram Sabha at its regular meetings. Provided that, needs outlined by the habitation sabha and Ward Sabha at their meeting shall be taken up at the meeting of the Gram Sabha and recorded as its own for being forwarded to be placed before Gram Panchayat. Provided further that, the needs outlined by each of such representative group at their meetings shall be taken up by the Gram Sabha and followed up as its own for being presented to the Gram Panchayat. (2) Without prejudice to anything contained in the other provisions of this section, the Adhyaksha may call for, - (i) meetings of Gram Sabhas for drafting plans and programmes for empowerment, of the scheduled castes and the scheduled tribes, women and the children to discuss issues related to each of them separately, at least once in a year before the Gram Panchayat meetings; (ii) special meetings of the Gram Sabha whenever a request is made by not less than ten percent of the members of the Gram Sabha specifying the subject for discussion in such request, so however that there shall be an interval of at least three months between any two special meetings; (iii) Special budget meetings of the Gram Sabha twice a year in the months of April and October to consider the plans and finances of the Gram Panchayat; (3) The budget allocated to the scheduled castes and the scheduled tribes shall be in proportion to their population in the given Gram Panchayat and shall be decided in their special meeting of the Gram Sabha; Provided, that the fund which is not utilised by the said Gram Sabha, the fund shall be utilised in accordance with the Karnataka scheduled castes sub-plan and the scheduled tribes sub-plan (planning, allocation and utilization of financial resource) Act, 2013 (Karnataka Act 65 of 2013).

14 14 8. Amendment of section 12. In section 12 of the principal Act,- (a) after clause (k), the following shall be inserted, namely: (l) if he is found guilty, directly involved in any act of misuse or abuse of power or authority as member of the panchayat in executing any scheme, plan or project of the panchayat or of misappropriation of funds or other assets of the panchayat during the term of his membership. (b) in the proviso, in clauses (b) and (c), for the words " five years" occurring in two places, the words "six years' shall be substituted. 9. Amendment of sections 15 to 23. In sections 15 to 23 of the principal Act, for the words the Civil Judge (Junior Division)" wherever they occur the words the Designated Court shall respectively be substituted. 10. Amendment of section 22. In section 22 of the principal Act, after clause (i), the following shall be inserted, namely: (ia) coercion or fraud enticing of any voter or member of the Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, to trade the post of member or Adhyaksha or upadhyaksha of the Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, during election for a consideration. 11. Amendment of section 24. (1)In section 24 of the principal Act, - (i) for the words the Civil Judge (Junior Division),"the words" the designated court shall be substituted; and (ii) for the words the Deputy Commissioner the words the State Election Commissioner and the concerned panchayat shall be substituted; 12. Insertion of new section 24A.- After section 24 of the Principal Act, the following new section shall be inserted, namely:- "24A. Transfer of pending cases.- All cases pending before Civil Judge (Junior Division) and Civil Judge(Senior Division) now called as Court of a Civil Judge or Court of a Senior Civil Judge pertaining to election disputes before the date of commencement of the Karnataka Panchayath Raj (Second Amendment) Act, 2015 shall stand transferred to the concerned designated Court and shall be disposed off as if they are pending before them. 13. Substitution of section 43A. For section 43A of the principal Act, the following shall be substituted, namely: 43A. Removal of members. (1) The Government if it thinks fit, on the recommendation of the Gram Panchayat, or otherwise, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary, (i) if he has been guilty of misconduct in the discharge of duties or of any disgraceful conduct; (ii) become incapable of performing duties as a member, or persistently remiss in performing duties; (a) on being medically unfit to hold the post as may be certified by the district surgeon; (b) as a result of insolvency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat, and in the case of an Adhyaksha or Upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or (iv) if the member, by coercion or fraud entice any voter or member of Gram Panchayat or Taluk Panchayat or Zilla Panchayatas as the case may be to trade the post of member or Adhyaksha or Upadhyaksha of Gram Panchayat or Taluk Panchayat or Zilla Panchayat, as the case may be, during election for a consideration. (v) in the execution of any work of the panchayat, contractual or otherwise found involved directly with any person who is a nearest relative in the family or otherwise associated in any transaction related to such work as a partner, employee or a member on the Committee of such organisation, or otherwise. Explanation: For the purpose of this section, nearest relative in the family means, - (a) the wife or husband of a person residing with her or him; (b)son or daughter or step-son or step-daughter; (c) any other person related, whether by blood or marriage who is wholly dependent on such person; (2) An Adhyaksha or Upadhyaksha or member so removed shall cease to function as such member and shall be disqualified from contesting election as provided in sections 12 of the Act to any panchayat for the next six years. 43B. Members to declare assets and liabilities. (1) Every member shall within three months from the date of commencement of his term of office and until the expiry of his term in every calendar year,